386
Opinion of the Court
The District Court also provided the jury with four decision forms on which to record its recommendation.7 In
its instructions explaining those forms, the District Court told the jury that its choice of form depended on its recommendation:
"The forms are self-explanatory: Decision Form A should be used if you determine that a sentence of death should not be imposed because the government failed to prove beyond a reasonable doubt the existence of the required intent on the part of the defendant or a required aggravating factor. Decision Form B should be used if you unanimously recommend that a sentence of death should be imposed. Decision Form C or Decision Form D should be used if you determine that a sentence of death should not be imposed because: (1) you do not unanimously find that the aggravating factor or factors found to exist sufficiently outweigh any mitigating factor or factors found to exist; (2) you do not unanimously find that the aggravating factor or factors found to exist are
7 The decision forms read as follows: "DECISION FORM A
"We the jury have determined that a sentence of death should not be imposed because the government has failed to prove beyond a reasonable doubt the existence of the required intent on the part of the defendant or a required aggravating factor."
"DECISION FORM B
"Based upon consideration of whether the aggravating factor or factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of any mitigating factors, whether the aggravating factor or factors are themselves sufficient to justify a sentence of death, we recommend, by unanimous vote, that a sentence of death be imposed."
"DECISION FORM C
"We the jury recommend, by unanimous verdict, a sentence of life imprisonment without the possibility of release." "DECISION FORM D
"We the jury recommend some other lesser sentence." App. 57-59.
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